Decision 2023/567 - EU position in the 66th session of the Commission on Narcotic Drugs on the scheduling of substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971

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1.

Current status

This decision has been published on March 13, 2023 and should have been implemented in national regulation on the same day at the latest.

2.

Key information

official title

Council Decision (EU) 2023/567 of 9 March 2023 on the position to be taken, on behalf of the European Union, in the 66th session of the Commission on Narcotic Drugs on the scheduling of substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971
 
Legal instrument Decision
Number legal act Decision 2023/567
Regdoc number ST(2023)6157
Original proposal COM(2023)2 EN
CELEX number i 32023D0567

3.

Key dates

Document 09-03-2023; Date of adoption
Publication in Official Journal 13-03-2023; OJ L 74 p. 53-57
Effect 13-03-2023; Takes effect Date notif.
End of validity 31-12-9999
Notification 13-03-2023; {titleAndReference.draft.disclaimer.new|http://publications.europa.eu/resource/authority/fd_365/titleAndReference.draft.disclaimer.new}

4.

Legislative text

13.3.2023   

EN

Official Journal of the European Union

L 74/53

 

COUNCIL DECISION (EU) 2023/567

of 9 March 2023

on the position to be taken, on behalf of the European Union, in the 66th session of the Commission on Narcotic Drugs on the scheduling of substances under the Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol, and the Convention on Psychotropic Substances of 1971

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 83(1), in conjunction with Article 218(9) thereof,

Having regard to the proposal from the European Commission,

Whereas:

 

(1)

The United Nations (UN) Single Convention on Narcotic Drugs of 1961, as amended by the 1972 Protocol (‘the Convention on Narcotic Drugs’) entered into force on 8 August 1975.

 

(2)

Pursuant to Article 3 of the Convention on Narcotic Drugs, the Commission on Narcotic Drugs may decide to add substances to the Schedules of that Convention. It can make changes in the Schedules only in accordance with the recommendations of the World Health Organisation (‘WHO’), but it can also decide not to make the changes recommended by the WHO.

 

(3)

The UN Convention on Psychotropic Substances of 1971 (‘the Convention on Psychotropic Substances’) entered into force on 16 August 1976.

 

(4)

Pursuant to Article 2 of the Convention on Psychotropic Substances, the Commission on Narcotic Drugs may decide to add substances to the Schedules of that Convention or to remove them, on the basis of the recommendations of the WHO. It has broad discretionary powers to take into account economic, social, legal, administrative and other factors, but may not act arbitrarily.

 

(5)

Changes to the Schedules of the Convention on Narcotic Drugs and to the Convention on Psychotropic Substances have direct repercussions for the scope of application of Union law in the area of drug control. Council Framework Decision 2004/757/JHA (1) applies to substances listed in the Schedules of those Conventions. Thus, any change to the Schedules annexed to those Conventions is directly incorporated into common Union rules.

 

(6)

During its 66th session, which is scheduled for 13 to 17 March 2023 in Vienna, the Commission on Narcotic Drugs is to decide on the addition of seven new substances to the Schedules of the Convention on Narcotic Drugs and of the Convention on Psychotropic Substances.

 

(7)

The Union is not a party to the Convention on Narcotic Drugs or to the Convention on Psychotropic Substances. It has an observer status with no voting rights in the Commission on Narcotic Drugs, of which 12 Member States are members with the right to vote in March 2023 (2). It is necessary for the Council to authorise those Member States to express the position of the Union on the scheduling of substances under those Conventions as such decisions fall under the competence of the Union.

 

(8)

The WHO has recommended the addition of four new substances to Schedule I of the Convention on Narcotic Drugs, and the addition of three new substances to Schedule II of the Convention on Psychotropic Substances.

 

(9)

All substances reviewed by the WHO Expert Committee on Drug Dependence (‘the Expert Committee’) and recommended for scheduling by the WHO are monitored by the European Monitoring Centre for Drugs and Drug Addiction (‘EMCDDA’) as new psychoactive substances under the terms of Regulation (EC) No 1920/2006 of the European Parliament and of the Council (3).

 

(10)

According to the assessment by the Expert Committee, ADB-BUTINACA (IUPAC name: N-[1-(aminocarbonyl)-2,2-dimethylpropyl]-1-butyl-1H-indazole-3-carboxamide) is an indazole-derived synthetic cannabinoid, the...


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5.

Original proposal

 

6.

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